Respect of International Obligations and of the Provisions of the European Charter of Fundamental Rights in the Definition and Implementation of the EU Return Policy

01-07-2006

This briefing paper deals with the human rights aspects of the draft Directive on common standards and procedures in member States for returning illegally staying third-country nationals (COM(2005) 391 final, 2005/0167(COD), 1 September 2005). It addresses, respectively, the scope of the draft Directive; the change of perspective on national return policies which is necessary in order to make the draft Directive relevant; the situation in transit zones; detention; suspensive effect of legal remedies; and the principle of interstates trust.

This briefing paper deals with the human rights aspects of the draft Directive on common standards and procedures in member States for returning illegally staying third-country nationals (COM(2005) 391 final, 2005/0167(COD), 1 September 2005). It addresses, respectively, the scope of the draft Directive; the change of perspective on national return policies which is necessary in order to make the draft Directive relevant; the situation in transit zones; detention; suspensive effect of legal remedies; and the principle of interstates trust.